Mobley v. State

132 So.3d 1160 (2014)

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Nature of the Case

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Facts

D was charged with two counts of second-degree murder following a shooting which took place outside a local Chili's restaurant. When D arrived at the restaurant, he removed the handgun that he was carrying and stowed the gun in the glove compartment of his car. D and his friend Chico went outside to smoke and then returned inside they found Gonzalez and Carranza, talking to Chico's female employees. The women seemed to be uncomfortable, so Chico told the men to leave. This sparked a verbal altercation which continued until the two men returned to their table at the other end of the bar. This event lasted only a few minutes, was loud enough to attract the attention of the restaurant's security guard and its manager, who asked the guard to keep an eye on Gonzalez and Carranza. D went over and asked on Gonzalez and Carranza to forget what he described as a petty misunderstanding. He shook hands with one of them and gave him a friendly pat on the back. D also spoke to a third person seated at the bar who appeared to be with Gonzalez and Carranza about forgetting this petty disagreement. D and Chico were alarmed by the cold stares and the fact that Gonzalez and Carranza were now outside banging aggressively on the restaurant's window and pointing toward them. After 15 minutes, it appeared that Gonzalez and Carranza left, so D left the restaurant alone while Chico settled the check. D got to his car, retrieved his gun and put on a sweatshirt. Chico joined him, and the two smoked a cigarette. Within four seconds Gonzalez (on security cameras) can be seen rapidly approaching and delivering a vicious punch to Chico's face which fractured Chico's eye socket. Jason then can be seen to dancing backward, hands raised in a fighter's pose, and within four seconds of landing the punch and then advancing forward toward D. D raising his arm and hand to ward Gonzalez off and as Gonzalez steps back Carranza can be seen rushing up from the rear of the restaurant in what D testified he believed to be a renewed attack on both himself and Chico. As Carranza neared Gonzalez, who was only feet from both D and Chico, D saw him reach under his long, baggy shirt. Believing that Carranza was reaching for a weapon to use in an attack, D drew his gun and shot at Carranza hitting both Carranza and Gonzalez. The entire event took only twelve seconds. After being shot, Gonzalez turned and fled toward his car to collapse with a gunshot wound to the chest and die. Carranza, hit four times, fell to the ground near the restaurant's door where he was assisted by the third man in their party who had been sitting at the bar. Carranza later died at a local hospital. No weapons were found on Carranza's body, two knives were found on the ground near where he fell. D remained at the scene and fully cooperated with Police. D was taken to the police station, waived his Miranda rights and gave both an unsworn and a sworn statement. He was then released but not charged. Several weeks later, D was re-interviewed. D was arrested and charged with two counts of second-degree murder. The court below determined that D did not 'reasonably' believe that deadly force was 'necessary' to prevent 'imminent' death, great bodily harm, or commission of a forcible felony because D never saw a weapon and failed to brandish the weapon and warn or fire a warning shot. The court refused to grant immunity. D claims immunity from prosecution and filed a writ of petition.